Musician's Friend Purchase Terms and Conditions

Entire Agreement

Other than as specifically provided in any separate formal purchase agreement between you and Musician's Friend, these terms and conditions (this “Agreement”) apply to all of your online purchases from the website at www.musiciansfriend.com (the “Site”) and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Musician's Friend.

Acceptance

By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon Musician's Friend until accepted by Musician's Friend. We reserve the right to refuse service to anyone. Musician's Friend will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.

Pricing

Because prices, product descriptions, and availability can change quickly, Musician's Friend does not warrant the accuracy or completeness of the information provided on the Site. For more on our pricing policies, please refer to our Site Terms of Use.

MSRP is the manufacturer's suggested retail price. We may commonly sell products at prices lower than MSRP and, for any given product, no sales may have occurred at MSRP.

MSRP is a benchmark to compare our discounts from MSRP to pricing offered by other retailers. Whether other retailers sell at MSRP will vary by product, geographic location, type of store, and over time.

Although we periodically update the MSRP in our direct mail offerings and on our website as we receive them, in some cases manufacturers may change their  MSRP without notice to us.

Please contact the manufacturer of a specific product for the most up-to-date MSRP information.

MSRP quoted for house or private label brands are developed internally in consideration of comparable name brand products. We may commonly sell such products at prices lower than MSRP and for any given product, no sales may have occurred at MSRP.

Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event.

Values associated with items labeled "free with purchase" are based upon MSRP.

Payment Terms—Orders

Internet orders may be paid for using the following methods: VISA, MasterCard, American Express, Discover, Musician's Friend Platinum Card, and PayPal.  PayPal Credit is also available via web orders only. In addition to credit cards, for phone or mail orders you may pay by money orders, cashier's checks, and personal checks by mail. Just call us at 1-800-449-9128 to place your order, or download our mail form. All non-credit-card orders are subject to a 10-business-day hold. Cash is not a payment option that we accept at this time.

When your qualified purchase is charged to your Musician's Friend Platinum Card, no interest is assessed on your promotional purchase balance if you pay the promotional purchase balance in full by the end of your promotional period. If you do not, periodic finance charges will be assessed on the promotional purchase balance from the date of purchase. Minimum payments will be required on your promotional purchase balance during and after the promotional period. If minimum payments on any balances on your account are not paid when due, all special promotional terms may be terminated. Standard account terms apply to non-promotional purchases and, after the promotion ends, to your promotional purchases. For more information on the terms and conditions governing your use of your Musician's Friend Platinum Card, refer to your Platinum Card Disclosure.

Limited Quantities

Some products, including those identified as Hot Buys, Closeouts, Limited Quantity items, Factory B-Stocks and Free Gifts may be limited to stock on hand and are offered on a first come, first served basis.

Shipping Charges—Taxes and Title

Separate charges for shipping and handling will be shown on your order form. Most orders received before 5:00 p.m. Eastern Time, Monday through Friday, are shipped the same day! Orders placed on Saturdays, Sundays, or holidays will be processed the next business day. As a security precaution, initial orders and orders shipping to alternate addresses may be held for extended verification. We reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries.

All items purchased from Musician's Friend are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

For more information on our shipping policies, including rates, delivery times, and delays, please refer to our Online Customer Service page or call us at 1-800-449-9128.

If applicable, a separate charge for taxes will be shown on the invoice. We are required to collect sales tax on all orders shipped to California, Indiana, Missouri & Utah. If you are shipping an item to any one of these states, then you will be charged the applicable local sales tax rates.

Shipping Charges—Taxes and Title

Shipping charges for open box gear vary depending on the item shipped and will be shown on your order form.

Limited Warranty

All new products are sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request addressed to:

Musician's Friend Inc.

PO Box 7479

Westlake Village, CA 91359

MUSICIAN'S FRIEND PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSICIAN'S FRIEND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

You may purchase additional warranty coverage if you pay for our Gold Coverage warranty.

MUSICIAN’S FRIEND BEST PRICE GUARANTEE

In this Musician’s Friend Best Price Guarantee, the terms "Musician’s Friend", "we, "our," and    "us" refer to Musician’s Friend, Inc.

45-Day Best Price Guarantee

Find a lower price or better coupon offer? We will match authorized U.S. dealers! We want to make sure you know that you have the best-fit gear for the best price.

If you find a lower price on an identical, in-stock product available from an authorized U.S. dealer, for a product offered by Musician’s Friend, we’ll match it at the time of purchase and for 45-days after your purchase! 

Give us a call at 800-449-9128

Rules for Best Price Guarantee

1. Price & Coupon adjustments are only made by phone: call us at 800-449-9128

2. This policy is only good for published, verifiable, advertised prices, in print or online media from Authorized U.S. Dealers. For purposes of this offer, an "authorized U.S. dealer" includes only bona fide online or brick-and-mortar retailers whose business is the sale of first quality musical instruments, equipment and accessories which are authorized to sell those items, including the item at issue, by substantially all of the manufacturers whose items they sell.

3. Advertised items must be factory-sealed new product. Items must be advertised and verifiable on the web or in a local or national paper, magazine, or catalog by an authorized U.S. dealer, and of the same size and color as the matched product.

4. You may be asked to share price or coupon details via email or fax to confirm the listed competitor price. For online requests, please have the competing website address and the specific product page URL to help us verify the online pricing and product description, brand name, availability, and relative price and product specifications.

5. This offer is not stackable or combinable with other offers or promotions on MusiciansFriend.com or by phone.

6. This policy does not apply to offers that include financing, bundling of items, free or promotional items, pricing errors, rebates and other deferred savings offers, competitors' service prices, Deal of the day or special hour sales events, items advertised as limited-quantity, out-of-stock items, restocks, open-box items, clearance items, refurbished items, demo and exclusive models, gray market goods, outlet center items, used merchandise, auctions and auction sites, factory seconds, discontinued merchandise, and floor samples.

7. We reserve the right to limit quantities.

8. This policy applies to consumer orders only - no resellers. We do offer bulk & discount pricing to Businesses, Schools & Institutions separately. If you are interested in this level of pricing, give our institutional Department a call at 866-543-0750.

9. Adjustments for coupon/promotion matching are subject to the same rules and restrictions of the competitor's coupon/promotion. Any limitations or exclusions on competitor's offers will also apply to this best price guarantee.

10. For previous purchases within the 45-day match period, we will refund you 100% of the price difference to your original method of payment.

100% Satisfaction Guarantee

New Gear: If you’re not satisfied, neither are we. If for any reason you’re not completely satisfied with your purchase of a new item, simply return it in its original condition within 45 days of purchase (see exceptions below) and we’ll give you a full refund. It’s that simple. Returned items must be in original, brand-new condition, showing no signs of wear or use such as belt-buckle or pick scratches, scuffs, dings or scrapes on the instrument or collateral materials. Items must also include all original packaging, manuals, warranties and accessories or your return may be subject to a return handling charge or a minimum 15% re-stocking fee for returns that are not in original brand new condition.  Items with excessive wear or damage may be subject to a disqualification. See detailed return handling charges here. Your refund will be promptly processed upon successful evaluation of your returned item from our trained category professionals. Refunds are made for product value only, excluding shipping and handling charges. If you received Free Shipping on your order, the value of the uncharged shipping cost will be deducted from your refund.

Open Box Gear: If for any reason you’re not completely satisfied with your purchase of an open box item, simply return it in its original condition within 45 days of shipment and we’ll give you a full refund. Items not returned in original condition are subject to a return handling charge.  

International Shipments: Our return policies for new and open box gear also apply to international shipments. Please see any additional policies and information shipped with your package for more details.

 

Exceptions: There are no returns on clearance, discontinued, vintage, demo items, strings, reeds, computers, tubes, earbuds, earplugs, recorders, tin whistles, flutophones, "world" wind instruments, harmonicas, raw-frame speakers, drumheads, drumsticks, turntable cartridges, fog fluid, clothing/footwear, body jewelry, sheet music, cleaners, polishes and polishing cloths. Software/soundware, books, CDs, DVDs, vinyl records, and videos may be returned for credit only if they are in their original, sealed packaging. If defective, these items will only be exchanged for the same product. No returns on software downloads. All returned woodwind and brass instruments incur a $10.00 sanitization fee. Returned bows are assessed a $4.00 restocking fee. Returned mouthpieces priced over $300 incur an $8.00 sanitization fee; the fee for mouthpieces under $300 is $4.00. Apple products incur a 10% restocking fee on any open box returns.  Note: Apple hardware with defects in materials or workmanship, under the one-year Limited Warranty, are subject to Apple’s return policy. By using your Apple product, you are agreeing to be bound by the terms of the Apple One-Year Limited Warranty as set out on the manufacturer’s website. Stringed instruments priced at $1999.00 or more, must be returned within 10 days of shipment.

Requesting a Return: Contact our Gear Heads here, or at 1-800-449-9128 to obtain a return authorization. Additional information on returns can be found on the paperwork shipped with your package.

Abuse of Return Privileges – Our return policy is in place to ensure our customers never get stuck with a wrong piece of gear. Those who violate the spirit of our return policy by having excessive returns may be subject to limitations or suspension of return privileges.

Send your returns to:

Musician's Friend

(Your RA #)

4005 Norfleet

Kansas City, MO 64161-9231

 

 

For complete details on our guarantees, shipping, and return policies, please contact our Customer Service Department at 1-800-449-9128; fax us at 1-818-735-7547; or write us at Musician's Friend, P.O. Box 7479, Westlake Village, CA 91359.

 

Limitation of Liability

MUSICIAN'S FRIEND DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. MUSICIAN'S FRIEND WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, MUSICIAN'S FRIEND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Applicable Law—Resale or Export

You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own personal use only, and not for resale or export.

Governing Law

These terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in California, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Los Angeles County, California, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.

Headings

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

California Transparency in Supply Chains Act

Effective January 1, 2012, the California Transparency in Supply Chains Act of 2010 (SB 657) requires retailers and manufacturers of a certain size doing business in California to disclose measures used to track possible slavery and human trafficking in their supply chains.

As part of our commitment to social responsibility, we have established Standards for Supplier Conduct. The standards cover topics including compliance with laws, voluntary labor, labor hours, hiring and employment practices, compensation, freedom of association and collective bargaining and the environment. We expect our suppliers to comply with legal requirements and operate consistently with our standards when working on our behalf. By supplying products to us suppliers are required to certify that they will abide by our standards.

We evaluate and address risks of human trafficking and slavery in our supply chain through a combination of internal and third party verification methods. We require suppliers to consent to audits to evaluate compliance with our standards for trafficking and slavery in our supply chain. We may conduct these audits through third-party audit firms. Audits are unrestricted and may occur with or without advance notice.

We require direct suppliers to certify that materials incorporated into products supplied to us comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business. For example, our standards provide that by supplying products to us suppliers are certifying that they comply with these laws. In some cases, we may require additional written confirmation of these certifications.

We maintain internal accountability regarding slavery and trafficking, and procedures for employees failing to meet our standards.  Compliance with our standards are part of our employee policies, and failing to comply with the standards may result in disciplinary action or dismissal. Our standards are documented and available for our employees and suppliers. Special attention to our standards is required for employees and management who have direct responsibility for supply chain management. These employees receive training on human trafficking on slavery, particularly with respect to mitigating risks within the supply chain.

WARNING: This product may contain a chemical known to the State of California to cause cancer, or birth defects or other reproductive harm.